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Of Dogs & Shore Ponies

November 26th, 2012 2 comments

 By Invitation Only Senate Sandy Hearings For the Cameras Only

Fear and Loathing On The NJ Shore

Cameras roll as NJ Senate Budget & Appropriations Committee meets in Toms River NJ to take testimony from invited guests on Superstorm Sandy

[Update below]

The quick and dirty answer to the question I posed yesterday is a resounding  “NO”.

Today’s Ocean County setting and opening hearing was transparently a partisan forum to promote and lionize the Governor, and allow – for the cameras – the Democrats to emulate the empathy and leadership of the Big Dog.

But it remains to be seen whether the Democrats are serious and keeping their powder dry,; or whether they support the Rebuild Now! (TM) camp; or whether they are clueless and simply have not developed a position yet and truly are in listening mode.

I’ll not write about the hearing and instead leave it to the press to fulfill their duty and role to report on today’s proceedings.

But, because I wrote a set up post and drove all the way out there, I feel obligated to post something.

The title of this post speaks for itself.

Although I am an animal lover, I  feel that I’ve slandered dogs and ponies.

I tweeted a few cogent points during the hearing – see this.

After the hearing, I asked SBA Committee Chairman Paul Sarlo (D- Bergen) two questions (these are verbatim):

1) Question:

“When will the public interest advocates and critics be given the opportunity to testify?”

Answer: “We’re working on that.”

2) Question:

“During the opening remarks, Senator O’Toole criticized the Assembly Speaker for criticizing NJ Transit’s actions, while suggesting that any criticism of State policy or the State response was an inappropriate partisan attack on Governor Christie, who O’Toole claimed did a spectacular job.

I am a critic and I deeply resent that.”

Answer:

“You didn’t hear that from me.”

So, basically it all boils down to 1 issue:

Would you prefer the Shore to look more like this?:

Or like this:

(source: Asbury Park Press)

 

[Update – I left out an important issue:

I think it was the Mayor of Brick who recommended that CAFRA permitting be privatized, like the Licensed Site Professionals (LSP) program for toxic site cleanup.

Environmentalists should take this threat seriously.

Ocean County Republicans have great influence and have been strong supporters of Martin and Gov. Christie’s Barnegat Bay Plan.

DEP already got caught trying to privatize land use permitting in October 2010.

DEP Commissioner Martin already effectively deregulated rebuild permitting for public infrastructure.

It is not inconceivable that the next radical move could be privatization of CAFRA and other permitting.

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Editorial and Chart of the Day

November 18th, 2012 2 comments

DEP Commissioner Martin & Spokesman Larry Rangonese Should Resign – or Be Fired

Damage from 1962 Coastal Storm - De ja vu all over again?

After his dumb remarks on “No DEP role in rebuilding the Shore”, DEP spokesman Larry Rangonese should have been fired by now.

But, in fairness to Larry, he was only following the lead of his Boss, Commissioner Martin.

So both should step down – or be fired.

And I’m not the only one who’s noticed.

The Asbury Park Press editorial board must be reading Wolfenotes

They restated the exact quotes and issues we have written about repeatedly – they even specifically named Rangonese and criticized his remarks and his Boss’ policy (watch Huffington post Live panel “Zoned for destruction” which focused on this).

The APP editorial was on point and pushing accountability:

State must lead on rebuilding

 

“… Particularly troubling are Christie’s ambiguous comments about the state’s role in determining how and where coastal towns can rebuild. We can only hope that remarks about its role by Larry Ragonese, spokesman for the state Department of Environmental Protection, do not reflect Christie’s thinking. 

“People who live along the shore always live with a risk, and they know that,” Ragonese told Huffington Post. “We at the state are not going to tell these towns you can or cannot rebuild, but we will work with them to make sure that whatever comes back will be done in as smart or protective a fashion as possible.”

It’s also troubling that Ragonese’s boss, DEP Commissioner Bob Martin, early on signaled that he believed his job was not only to protect the environment, but to help stimulate the economy.

The DEP’s job, first and foremost, should be protecting life and property. That job should not be compromised by economic or political pressures. Hopefully, Sandy will have served to underscore that point.”

Hear Hear!

[Excerpt of transcript of 11/12/12 HuffPost Live panel: “Zoned for destruction”

(HuffPo reporter) Chris Kirkham – at time 22:30

So, I think the question really becomes: “Is that the role of the state?”

And I feel that in talking with the State Department of Environmental Protection over the past few weeks, they feel that they do not have a role in dictating where people should rebuild or whether they should rebuild.

Bill Wolfe, NJ PEER

They’re just completely wrong on that. I think that’s got to get some focus.

Larry Rangonese’s comments in your story – that it’s not their role – he’s said that multiple times.

It is their role, both under the federal Coastal Zone Management Act, which makes coastal planning and management a State function, and NJ has a State law called the “Coastal Area Facility Review Act” (CAFRA) which regulates development in the coastal zone.

And there are State programs to regulate infrastructure – where the water and sewer lines go.

The State has a legal and moral responsibility here, that this administration, for purely ideological reasons, is just rejecting.

And that’s why I’ve called for – and will testify before the State Planning Commission hearings tomorrow on adopting the State Plan – that to move forward, it’s going to take a legislative response because this administration is intransigent.

And it’s going to take the formation of a new institution. I’m calling for a Coastal Commission. The idea of a Coastal Commission was discussed during the Kean Administration, in the 80’s.

So, it’s [a Coastal Commission] a place to bring in all these disparate perspectives on the problem and come up with some rational planning based solutions, that you’re never going to get under the current Administration of Governor Christie.

Those statements from the DEP press office, I’m so glad that you put them in the story, because they are an illustration of the problem.

[Update – and here’s what the law professors network and rest of the country are seeing and reading: Hey, Chris Christie: Don’t Rebuild in Harm’s Way

Photograph by Mike Groll

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Whether to Rebuild The Jersey Shore Is Now on the Table

November 17th, 2012 1 comment
  • The “Frankenstorm” should be a teachable moment to show how “extreme weather” and lax regulations of greenhouse gas emissions and coastal over-development have put thousands of people and billions of dollars of property in harms way. … The storm should be a clarion call for finally addressing the rising global warming crisis. (Bill Wolfe, 10/26/12
  • Houses are built upon dunes, grasses destroyed, dunes breached for beach access and housing; groundwater is withdrawn with little control, areas are paved, bayshore is filled and urbanized. Ignorance is compounded with anarchy and greed to make the raddled face of the Jersey shore.  (Ian McHarg – quoted at Wolfenotes – 10/29/12)
  • “When the North Carolina coast started being developed heavily we coastal scientists used to say ‘What we need is a big storm.’ We figured that people would see what a storm did and heed its warning. But then Hurricane Hugo hit and we learned that people start building again as soon as the wind dies down. Hurricanes have actually become giant urban renewal projects. The buildings come back bigger than before. But of course the site they are building on is even more dangerous because the shoreline has retreated landward and the dunes have been damaged. But still they re-build. It’s really a form of societal madness. I can’t put it any more strongly.”  Prof. Orrin Pilkey Salon – 11/3/12)
  • Now is the time to discuss strategic retreat from high hazard coastal areas, develop a plan for adaptation to climate change, and get serious about accelerating an emergency transition away from fossil fuels to renewable energy. (Bill Wolfe – Wolfenotes – 11/10/12)
  • We have this insane mentality, this boosterism along the coast,” said Wolfe, the former state environmental official in New Jersey. “For years and years, people have been putting up warning flags. The state has known this, and instead of regulating more restrictively they’ve pushed right ahead.”  (Bill Wolfe – Huffington Post – 11/12/12)
  • But this “let’s come back stronger and better” attitude, though empowering, is the wrong approach to the increasing hazard of living close to the rising sea. Disaster will strike again. We should not simply replace all lost property and infrastructure. Instead, we need to take account of rising sea levels, intensifying storms and continuing shoreline erosion. Orrin Pilkey, Professor, Duke University (NY Times Op-Ed –11/14/12)
  • “People keep saying we’re going to put everything back the way it was,” said Stephen Sweeney, the Democratic president of the New Jersey state senate. “No, we’re not. It makes no sense to do the same thing over and over again, throwing good money after bad.(Wall Street Journal – 11/17/12)

 

Demented Cheerleading - Full Page Star Ledger (11/2/12)

Oh my, how the debate has evolved!

Does anyone still remember this disgusting drivel full page cover story “We Will Come Back” and photo from the 11/2/12 Star Ledger? – a piece I called the “most irresponsible Page One – Ever” in an email to my Ledger friends:

The wreckage will be cleared, the sand pushed back where it belongs.

New boards will be nailed down, new pavilions constructed.

The barrier islands will be re-overbuilt, just like always.

And sometime before Memorial Day, Gov. Christie will announce, “The Jersey Shore is open for business.”

It has to be.

Right.

I am pleased to admit I was wrong in predicting that the mainstream media would not engage the isssue of “strategic retreat” – whether to rebuild the Jersey shore.

NJ Senate President Sweeney

And I must say that I am shocked that NJ Senate President Sweeney is leading that debate, and saying and doing all the right things (except for pushing the global warming side of the story). So, let’s repeat that WSJ story quote:

People keep saying we’re going to put everything back the way it was,” said Stephen Sweeney, the Democratic president of the New Jersey state senate. “No, we’re not. It makes no sense to do the same thing over and over again, throwing good money after bad.”

On Wednesday, the New York Times ran a superb Op-Ed by Orrin H. Pilkey,  We Need to Retreat From the Beach

But an Op-Ed is to be expected – it is not editorial news judgement on how to cover the story (and the global warming aspect is still largely ignored).

Alas, today, the Wall Street Journal broke the ice and framed the question succinctly:

But with the federal budget deep in the red and government flood insurance still straining to recover from Hurricane Katrina, Sea Bright and other coastal towns face questions over not just how to rebuild in a way that defends lives and property against surging sea levels and more intense storms, but whether to rebuild at all.

Sandy’s destructive path has united an unlikely coalition of free-market think tanks, environmentalists, business owners and insurers arguing the moral hazard of rebuilding in coastal zones that might best be returned to nature.

“It’s very difficult to get beyond the sympathy factor,” said Orrin Pilkey, a coastal geologist at Duke University. “But it works against us.” He said he knows the issue firsthand: Hurricane Camille in 1969 damaged his parents’ Mississippi home. Hurricane Katrina later obliterated it.

“We are subsidizing, even encouraging, very dangerous development,” he said. “It’s amoral, really, that our government continues to blindly and stupidly do this.”

Now that’s something to chew on.

So, enjoy the gorgeous weekend –

Next week, we begin to explore how a “strategic retreat” might be engaged. (Here’s a teaser)

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The Deafness Before the Storm

November 16th, 2012 2 comments

Christie DEP Ignored Multiple Warnings on Imminent Coastal Storm Risks

homes built cheek to jowl along Long Beach Island, a highly vulnerable barrier island

Bin laden determined to strike in US”.

That was the headline of the warning the CIA presented to President George Bush on August 6, 2001, just weeks before 9/11.

The warning specifically mentioned airline hijackings and The World Trade Center as a target (read the declassified transcript).

The CIA’s warning was ignored – the rest is history.

A recent NY Times Op-Ed (whose title I shamelessly stole!) called it “perhaps the most famous presidential briefing in history”. No doubt (but I suspect that JFK, FDR, and Lincoln got similar consequential briefings).

Shifting gears from terrorism warnings to storm warnings, thus far, there has been virtually no mention of the fact that  NJ DEP Commissioner Bob Martin received similar warnings by DEP’s own Office of Coastal Management – and numerous other experts.

In a March 12, 2011 Report, Martin was told essentially that, like Bin Laden,  a “coastal storm is likely to hit the NJ coast, which is highly vulnerable and not prepared”. The March report warned of “imminent impacts”:

The scientific community has arrived at a strong consensus that global climate change is occurring and resulting in changes to shoreline dynamics. Climate change threatens to accelerate sea level rise and increase the frequency and intensity of coastal storms. As a result, citizens, development, and ecosystems will become more vulnerable to the impacts of coastal hazards, making it imperative to identify areas where special needs communities, vital public facilities and roads, and sensitive natural resources overlap areas of potential inundation.These issues need to be considered as New Jersey’s coastal communities plan to become more resilient. […]

Coastal communities need to improve efforts to adapt to climate change but face hindrances such as political will, resource scarcity, personnel availability or other institutional variables. To take action, resources, tools and science-based information are needed to adequately plan for and address imminent impacts, to make informed decisions to become resilient, and to collaborate for multi-disciplinary planning.

Martin ignored that warning – the DEP not only did nothing to respond in terms of DEP resources, programs, policies, or regulations. DEP didn’t even issue a press release on the Report. The Office of Coastal Zone Management merely quietly posted it on the program’s obscure website.

Perhaps even worse than merely ignoring the warnings, Martin took a series of specific management actions to bury the Report and the Coastal Management Program (including outsourcing essential work).

DEP Commissioner Martin - "Barnegat Bay Blitz" photo op

I guess Martin was too busy picking up garbage at “Barnegat Bay Blitz” PR stunts, media spin, and seeking to clearcut “killer trees”.

How are those priorities looking now?

Shortly after the March warning, in June, a Hurricane Irene storm damaged massive water line collapsed in Monmouth County, causing a water emergency for hundreds of thousands of people for over a week.

A reasonable person would have assumed that the Monmouth disaster would have sent a wake-up call to DEP and water companies about storm risks and vulnerabilities. But that event too was ignored and lessons were not learned.

Prior to the Monmouth disaster, for over a decade, the DEP Office of Coastal Management issued a series of warnings – on a biennial basis – of coastal hazards and vulnerabilities, known as the “309 Report”, which presciently warned:

Many parts of New Jersey’s densely populated coastal area are highly susceptible to the effects of the following coastal hazards: flooding, storm surge, episodic erosion, chronic erosion, sea level rise, and extra-tropical storms. Reconstruction of residential development and the conversion of single family dwellings into multi-unit dwellings continues in hazardous areas, the value of property at risk is increasing significantly. With anticipated accelerating sea level rise and increasing storm frequency and intensity, vulnerability to the risks of coastal hazards will not abate; it will only become more costly.

In 2005, Princeton Universtiy issued a very specific Report highlighting risks to the NJ shore and recommended a “gradual withdrawal of development” from high hazard areas : FUTURE SEA LEVEL RISE AND THE NEW JERSEY COAST

Increasing rates of sea level rise caused by global warming are expected to lead to permanent inundation, episodic flooding, beach erosion and saline intrusion in low-lying coastal areas. ..  Our findings suggest that where possible a gradual withdrawal of development from some areas of the New Jersey coast may be the optimum management strategy for protecting natural ecosystems.

Commissioner Martin had to be aware of a 2010 Report “Climate Change and the Delaware Estuary”which identified similar risks and vulnerabilities, particularly to water infrastructure (warnings of direct relevance given massive sewage and drinking water treatment plant outages caused by Sandy, which led to boil water advisories and a Gov.’s Emergency Declaration).

Other warnings came from experts within NJ – see a Report titled: NEW JERSEY SEA GRANT COLLEGE PROGRAM MANUAL FOR COASTAL HAZARD MITIGATION . If that is not an unheeded warning, I don’t know what is.

And  finally, in recent years, there were numerous scientific and technical warning reports issued by international institutions (IPC) and academic institutions about rising risks and vulnerabilities.

Of course, Martin had to know that prior Governor’s has declared multiple states of emergency at the shore.

(and it wasn’t just the Christie DEP that was deaf – the Legislature too had their heads in the sand – most recently the problem was ignored at their August annual shore meeting)

All ignored – The Deafness Before The Storm.

dunes eroded, Normandy Beach (photo prior to Sandy)

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DEP Holds Private Shore Rebuilding Meetings – By Invitation Only

November 15th, 2012 1 comment

DEP Walks Back Claim of “No Role” in Shore Rebuilding

Climate Change Not on DEP’s Agenda

Too Little, Too Late: State Planning Commission and Legislature to Lead

I don’t know whether to laugh or cry.

DEP has finally acknowledged some responsibility for where and how the Shore is rebuilt.

After DEP Commissioner Martin:1) ignored and swept warnings under the rug; 2) limited storm preparedness to advising Mayors to ignore DEP regulations; 3) followed by Martin’s embarrassing Order deregulating the rebuilding of critical public infrastructure in the exact same vulnerable locations, and 4) followed all that by 2 weeks of denial by DEP of any role in “dictating” (that’s DEP’s word for planning and regulation required by environmental laws) where and how the shore is rebuilt, today Tom Johnson at NJ Spotlight reports that DEP is holding shore rebuild meetings:

DEP’s Guest List Leaves Out Toughest Critics – 

Friendlier environmental groups invited to session today on restoring Jersey Shore

The state Department of Environmental Protection is quietly convening a meeting today to discuss issues relating to rebuilding the Jersey Shore with a small group of conservationists.

The session, to be held at DEP headquarters, comes at a time when some environmentalists are suggesting the state needs to radically rethink its policies in the wake of the worst storm ever to hit New Jersey, particularly when it comes to redeveloping the coastal region.

There is wide consensus the state needs to rebuild in the wake of Hurricane Sandy, but smart growth advocates and some environmentalists say it needs to be done in a way that protects coastal communities better from the wide devastation wreaked by the storm.

DEP spokesman Bob Considine described the meeting as an informal session with conservation groups. “It’s just an update on storm issues,’’ he said.

In an e-mail from the DEP to various groups who will be represented at the meeting, however, the session was described not only an as update on Sandy’s efforts but also as a meeting providing input on coastal protection and rebuilding. That issue is likely to become a hotly-discussed topic as the state addresses the enormous issues raised by Hurricane Sandy and its impact on the Shore. […]

Those invited to the DEP meeting, by and large, have been far less critical of the Christie administration’s environmental policies. They include Cindy Zipf, executive director of Clean Ocean Action, Tim Dillingham, executive director of the American Littoral Society, and Kelly Mooij of the New Jersey Audubon Society.

Count me among the excluded “toughest critics” calling for “radical change”.

[So radical that I’m recommending that the federal taxpayer bailout include the nation’s own barrier islands policy.]

This is the denouement of the Christie/Martin cynical manipulation – the absolute nadir of both Martin’s and the ENGO Fakeholders’ credibility (and the DEP press office is again caught flat out lying).

DEP Commissioner Martin  is now exposed as an irresponsible ideologue by his “reduce red tape” Order deregulating rebuilding of public infrastructure in the exact same vulnerable locations.

[Note: maybe I can point a finer point on this.

Prior to heading up DEP, Martin had no government or environmental experience. None.

He was a retired consultant who made lots of money privatizing public utilities under Margaret Thatcher.

So, it is no surprise that he sees DEP and government as barriers to infrastructure rebuilding. He can’t privatize them, but he can deregulate them by fiat. That’s almost as good as Maggie Thatcher!]

The State Planning Commission rejected the notion that State Government has no role in planning and regulating where and how rebuild occurs.

Even Governor Christie himself – previously drunk on Springsteen and Snooki – was forced to admit that the status quo at the Shore must change, in response to tabling the Christie State Plan: (Star Ledger)

“It made sense for us to put it off and to reconsider it in light of some of the new challenges that have been presented by the storm and the aftermath of the storm,” the governor said.

I previously posed the question:

Do Senate President Sweeney and Assembly Speaker Oliver think that the Legislative branch and the people of the state have a seat at the table in developing  a “long term strategy” for the shore?

Or are they going to sit back and defer to Christie’s Cabinet meetings?

Well, we now have an answer: NJ Senate President Sweeney has finally jumped in to the fray, and announced a round of public hearings – not private Fakeholder by invitation only –  (Star Ledger):

Senate leaders plan hearings in Sandy’s worst spots to evaluate government response

TRENTON — A bipartisan group of Senate leaders said Tuesday it plans to hold hearings in the state’s most devastated areas to determine how the government performed before and after Hurricane Sandy churned through New Jersey, leaving death and destruction in its wake.

“We don’t want to point fingers or pass blame,” Senate President Stephen Sweeney (D-Gloucester) said in a news release. “We want to know where and how things went wrong and what we need to do to better protect ourselves in the future.”

Let’s hope Senator Sweeney walks the walk and supports a policy solution that refelcts this enlightened statement:

There is a solution to flooding that doesn’t include building levees. Steven Sweeney, president of the New Jersey State Senate, says there’s a community along the Raritan River that flooded last year after Hurricane Irene and this year after Sandy. Here’s what he suggests as a simpler and cheaper way to deal with the problem:

Get appraisals for their homes, write them a check, knock the homes down, and just let it go back to its natural state,” says Sweeney. “I think that’s something we really need to take a look at. Because governments have allowed people to build right onto the water, and water has a tendency to move.”

These private “Fakeholder” meetings are Martin’s  pathetic effort to walk all that back and get in the game.

[Note: and DEP was not only meeting with a few hand oicked “conservationists” – there are other “Fakeholers” involved at more than one meeting.]

But, sorry Bob, its too little and too late – the damage is done and DEP is removed from the adult discussion.

This is the proverbial straw that broke the camels’ back.

DEP has held dozens of “by invitation only” Fakeholder meetings, with hand picked and well fed (i.e. DEP funded) Fakeholders and friends at the table. Take a look, DEP is actually proud of the “by invitation only” approach (I guess its a Republican thing, the elite mentality) (hit this link for a compendium of DEP’s fakeholdery):

DEP Commissioner Martin even took the extraordinary, unprecedented and illegal step of using State Police to eject a critic – yours truly – from the DEP public hearing room, see this.

Chickens now roosting.

Always a reckoning:

There always seemed to be a need

for reckoning in early days.

What came in equaled what went out

like oscillating ocean waves.

Oops, and about that climate change thing?

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